Attempting to listen to the status hearing for Brandon Fellows – a #CapitolRiot defendant seen on Baked Alaska's stream with his feet up on a table in Senator Merkley's office. Audio quality is very bad, though. @wusa9
I can truly only hear like every third word.
Brandon Fellows, against the advice of his attorney, is going to address the court. He says he has 9 minutes worth of things to say. #CapitolRiot
Fellows says he has been studying at the law library for 2 weeks, and this has been enough time for him to make "a huge and life-altering decision." He then references the "pros and cons" of representing himself. #CapitolRiot
Brandon Fellows: "Your honor, you were spot on when you said last hearing that I was impulsive. But now that I have studied self-representation, it is what I want." #CapitolRiot
Brandon Fellows: "Once a defendant asserts the right to proceed pro se... am I saying that correctly?" Oh boy. #CapitolRiot
He's talking about President Biden now. "Although, as Justice Blackmun says, I may be a fool to represent myself, I am nowhere near as big a fool as Joe Biden." #CapitolRiot
He says he has a "maverick-like personality" and then mentions a previous Zoom hearing where he was wearing sweatpants and eating cereal. Says he was the "youngest intern at a Fortune 500 company." #CapitolRiot
Brandon Fellows' attorney, Cara Halverson, says this is the first she's hearing about his request for self-representation. #CapitolRiot
Fellows seems to think he has evidence the judge hasn't seen that will change his detention status. Judge McFadden says he's not going to consider an oral motion today, or in two weeks, for a bond review hearing. Tells him he'll have to file a motion. #CapitolRiot
Judge McFadden is giving Fellows and his attorney two weeks to discuss this before he considers his motion to represent himself. #CapitolRiot
Brandon Fellows is facing a felony charge of obstruction of an official proceeding, which carries a maximum sentence of up to 20 years. The DOJ says it doesn't just have pictures of him in the Capitol, but also posts he made online apparently threatening violence. #CapitolRiot
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Good morning all. We have a hearing getting started any minute now for Virginia "Jenny" Spencer, of North Carolina. She's accused of entering the U.S. Capitol Building with her husband, Christopher. She is facing the standard 4 misdemeanor counts. #CapitolRiot@wusa9
Spencer's attorney is asking for the question about what medications she has taken over the past 24 hours to be entered under seal. That's a little unusual. #CapitolRiot
Spencer, 38, will be pleading guilty to one misdemeanor count of parading, demonstrating or picketing in a Capitol building. It carries a maximum sentence of up to 6 months in prison. #CapitolRiot
The big Oath Keepers motion to dismiss hearing starts at 2 p.m. before U.S. District Judge Amit P. Mehta. I will be live tweeting it, but you can also call in here:
There are 15 defendants on this hearing, but the lead defendant in the motion is Thomas Caldwell, of Virginia. He was one of the first Oath Keepers arrested, and the case bears his name (Caldwell, et al). He is represented by attorney David Fischer Sr. (no relation). #CapitolRiot
You can read the full motion in the link in one of the tweets above this, but in short, the Oath Keepers are arguing that the major felony charges against them should be thrown out because the joint session of Congress on January 6 was not an "official proceeding." #CapitolRiot
Good morning all. We start off today with a plea hearing for Frank Scavo, of Pennsylvania. He'll be appearing before U.S. District Judge Royce Lamberth. #CapitolRiot @wusa9
Frank Scavo is appearing virtually along with his attorneys, Ernest Preate and Matthew Corcoran. AUSA in this case is Seth Adam Meinero. #CapitolRiot
Scavo's attorneys say he has sat for two interviews with the FBI and has entered into a cooperation agreement with the DOJ. "He is ever-regretful of having committed this crime." #CapitolRiot
In addition to the Oath Keepers hearing tomorrow, we have two plea hearings for Russell James Peterson (f*** your feelings hoodie) and Frank Scavo ("End the Rain Tax" mask), both of Pennsylvania. These are both (unrelated) misdemeanor cases. #CapitolRiot@wusa9@EricFlackTV
Then on Thursday there's a plea hearing for Esther Schwemmer, of Kansas. She entered the Capitol with her friend, Jennifer Parks, who is pleading guilty later this month. Both misdemeanor cases. #CapitolRiot@wusa9@EricFlackTV
Finally, on Friday, we have two double plea hearings. The first is for Bruce Harrison and Douglas Wangler, both of Illinois. Both misdemeanor cases. #CapitolRiot@wusa9@EricFlackTV
If you're following the #CapitolRiot cases, keep an eye on tomorrow. 15 Oath Keepers will be arguing to have the indictments against them thrown out. Their key argument: The joint session of Congress on January 6 was not an "official proceeding." Docs: storage.courtlistener.com/recap/gov.usco…
Other #CapitolRiot defendants facing that obstruction charge – which carries a 20-year max – have put forth similar arguments, including Aaron Mostofsky, the son of a Brooklyn judge. They'll be watching tomorrow's case closely. #CapitolRiot@wusa9
The statements of offense for the 9 #CapitolRiot defendants so far who have pleaded guilty to the obstruction charge have included language affirming that January 6 *was* an official proceeding. The most recent such plea was Duke Edward Wilson, entered this morning. @wusa9
Awful, audio quality again. It sounds like Wilson is calling in from the International Space Station.
Duke Edward Wilson will be pleading guilty to two counts: assaulting police with a dangerous weapon and obstruction of an official proceeding. These are both felony counts. This is the second guilty plea in an assault case. #CapitolRiot@wusa9